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Cheque got bounced by default money got credited into person account


01-Jan-2023 (In Banking / Finance Law)
Sir I am sbi officer. A cheque of 35000 came to me and it was dishonoured due to lack of fund. Due to mistake it is credited in the customer account as it was not to be . Now the person who have taken money and the person issued the cheque denying to pay. What action should I take
Answers (2)

Answer #1
568 votes
Dear Client,
This was an error at your end. Your customer is liable to refund the money wrongly paid to him. There are many incidences in past where bank has reversed the said transactions ans debited the account where wrong amount was credited in customers account.

RBI Rules bar banks from crediting and debiting any sum without the consent of the account holder. But in present scenario, send a written notice to customer narrating all the facts and debit his account (may be in Negative) if no balance. Also sent copy of bounce cheque and momo to him for taking necessary action under section 138 of NI Act.

Expert Jurist LLP
Answer #2
666 votes
Greetings. Immediately serve legal Notices to both defaulters through Advocate and give time of 15 days to pay. if they fails to make payment within reasonable time then file suit U/s138 of NI Act within 30 days. (Mentioned the same in your notice) you will surely get relief. thanks.

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